STATE v. FRANCOIS

Nos. 83-KA-0813, 83-KA-0837.

445 So.2d 416 (1983)

STATE of Louisiana v. Herman FRANCOIS. STATE of Louisiana v. Gregory DRIGHT.

Supreme Court of Louisiana.

November 28, 1983.


Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., William R. Campbell, Susan Hart, Leon Cannizzaro, Jr., Asst. Dist. Attys., for plaintiff-appellee in both cases.

George W. Reese, New Orleans, for defendant-appellant in No. 83-KA-0813.

R. James Kellogg, New Orleans, for defendant-appellant in No. 83-KA-0837.


DENNIS, Justice.

Defendants, who were acquitted of capital crimes by reason of insanity, unsuccessfully moved the Orleans Criminal District Court for a transfer to a less restrictive commitment facility. Instead of deciding the merits of defendants' motions, the district court declared unconstitutional the statute it considered applicable to such transfers and terminated the proceedings. Defendants appealed directly here, La. Const. Art. 5 § 5(D)(1), and the...

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